The petitioner being the accused in connection with Case No.
CS/6463/06 initiated under Section 138 of the Negotiable
Instruments Act, 1881 (in short ‘N.I. Act’) assailed the impugned
order dated 30.11.2022 passed by the Learned Metropolitan
Magistrate, 16th Court at Calcutta.
2. By the said impugned order, the Learned Magistrate rejected
the petitioner’s prayer to send the Trade Licence issued in favour of
opposite party – Tapas Pal, Proprietor of M/s. Ashray by Bally
Municipality to the CFSL for examination to ascertain its
genuineness.
3. The background facts of the case of the petitioner are that
the opposite party filed a petition of complaint under Section 200 of
the Code of Criminal Procedure, 1973 (in short ‘CrPC’) before the
Learned Chief Metropolitan Magistrate, Calcutta, against the present
petitioner alleging commission of offence punishable under Section
138 of N.I. Act for issuing a cheque in favour of M/s. Ashray in
discharge of legally enforceable debts and/or liabilities being Cheque
No. 901536 dated 27.03.2006 for a sum of Rs. 5,00,000/- (Rupees
Five Lakhs Only), drawn on Union Bank of India, Ezra Street Branch,
Kolkata 700 001. However, upon depositing the said cheque within
2025:CHC-AS:1478
the period of its validity by the opposite party with his banker,
namely, UTI Bank Ltd., Konnagar Branch, Hooghly, 712 235 for
encashment on 09.05.2006, the said cheque was dishonoured on the
ground of “Insufficient Funds” and was returned on 13.05.2006.
Thereafter, all procedural requirements under the Act were duly
followed prior to the filing of the said case when the petitioner failed
to pay the said amount.